S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1064

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to the establishment
  of investigation, hearing and determination procedures with respect to
  the creation of new area codes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and  intent.  Telephone  numbering
resources are limited and at times it may be necessary, as more  numbers
and  local  exchange  codes are utilized, to create new area codes. Area
code changes are a major burden because new area codes  cause  confusion
to  callers  and potential safety issues when hospitals, ambulances, and
public health and safety institutions are required to change their tele-
phone numbers; the records for E911, which  include  telephone  numbers,
need  to be changed when area codes change; errors in record changes can
result in serious health, safety, and welfare concerns; and the accuracy
of telephone numbers is a security issue if contacts are  not  reachable
because of outdated area codes on old contact lists.
  The  legislature finds that businesses suffer economic harm when their
area codes are changed  if  they  are  required  to  advertise  the  new
numbers,  contact  existing customers, and revise all stationery showing
their new telephone number, and they  face  the  possibility  of  losing
business  during  area code transition periods when customers use an old
number.
  The legislature further finds that  greater  regulatory  vigilance  is
needed  to  ensure that numbers or exchange codes do not become unneces-
sarily stranded due to inadvertent  oversupply  of  numbering  resources
where they are not really needed.
  S 2. The public service law is amended by adding a new section 96-a to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03879-01-9

A. 1064                             2

  S  96-A.  INVESTIGATION,  HEARING, AND DETERMINATIONS REGARDING NUMBER
CONSERVATION, NUMBER RESOURCE RECLAMATION, AND CONSIDERATION OF ALTERNA-
TIVES PRIOR TO IMPLEMENTATION  OF  NEW  AREA  CODES.  1.  IT  IS  HEREBY
DECLARED  TO  BE  THE  POLICY  OF  THE  STATE, AND IN THE PUBLIC HEALTH,
WELFARE,  AND  PUBLIC INTEREST, TO AVOID UNNECESSARY TELEPHONE AREA CODE
CHANGES THROUGH CONSERVATION OF NUMBERING RESOURCES AND  RECLAMATION  OF
UNDERUTILIZED NUMBERING RESOURCES.
  2.  THE COMMISSION SHALL ADOPT REGULATIONS FOR CONSERVATION OF NUMBER-
ING RESOURCES AND FOR RECLAMATION OF UNDERUTILIZED NUMBERING RESOURCES.
  3. PRIOR TO IMPLEMENTING ANY NEW AREA CODE, THE COMMISSION SHALL:
  A. CONDUCT AN INVESTIGATION TO DETERMINE WHETHER  NUMBER  CONSERVATION
POLICIES  AND RULES HAVE BEEN FOLLOWED, WHETHER FOR ANY REASON NUMBERING
RESOURCES ARE OVERSUPPLIED IN ANY AREAS WHERE THEY ARE NOT  REQUIRED  TO
MEET  LOCAL  NEEDS, AND IDENTIFY ALTERNATIVES, INCLUDING WHETHER REALLO-
CATION AND RECLAMATION OF NUMBERING RESOURCES, INCLUDING EXCHANGE CODES,
COULD MEET NEEDS WITH LESS COST AND INCONVENIENCE THAN CREATION OF A NEW
AREA CODE.
  B. APPOINT AN ADMINISTRATIVE LAW  JUDGE  TO  HOLD  PUBLIC  EVIDENTIARY
HEARINGS,  HEAR  EVIDENCE  REGARDING  THE  NEED FOR A NEW AREA CODE, ANY
OVERSUPPLY OF NUMBERING RESOURCES, AND EVIDENCE  REGARDING  ALTERNATIVES
SUCH  AS  REALLOCATION  OF  EXISTING  RESOURCES, AND ISSUE A RECOMMENDED
DECISION WHICH ADDRESSES THE NEED FOR A NEW AREA CODE AND CONSIDERS  THE
COMPARATIVE  COSTS  AND  BENEFITS  OF  RECLAIMING UNDERUTILIZED EXCHANGE
CODES WITH THE COST AND BENEFITS OF IMPLEMENTING A NEW AREA CODE.
  S 3. This act shall take effect immediately and  shall  apply  to  any
pending commission proceedings regarding creation of new area codes.